Sanderson

Grays Harbor County Deputy Sheriff Timothy Sanderson, and Sheriff Dennis Morri-sette, defendants in this action under 42 U.S.C. § 1983 , appeal the district court’s order denying their motions for summary judgment. Sanderson and Morrisette contend that the district court erred in concluding that they are not entitled to qualified immunity as a matter of law. Morrisette also argues that he cannot be held hable under § 1983 based solely on a theory of responde-at superior.

We have jurisdiction under 28 U.S.C. § 1291 to review the district court’s order denying defendants’ motion for summary judgment based on qualified immunity. See Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985). We have jurisdiction under 28 U.S.C. § 1292 (b) to review the district court’s denial of Morrisette’s motion for summary judgment as to his vicarious liability. We affirm in part and reverse in part.

BACKGROUND

On November 5, 1988 at about 3:30 in the morning, Officer Sanderson stopped Kenneth R. Palmer on suspicion of driving while intoxicated. Palmer was then 67 years old and had recently suffered a stroke which had impaired his mobility.

After asking Palmer to…